The Horizontal Effect Revolution and the Question of Sovereignty

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Author :
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110248034
Total Pages : 450 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis The Horizontal Effect Revolution and the Question of Sovereignty by : Johan van der Walt

Download or read book The Horizontal Effect Revolution and the Question of Sovereignty written by Johan van der Walt and published by Walter de Gruyter GmbH & Co KG. This book was released on 2014-08-25 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue are two major developments in European judicial review. On the one hand, the European Court of Human Rights has been collapsing traditional boundaries between constitutional law and private law with a series of decisions that effectively recognized the "horizontal" effect of Convention rights in the private sphere. On the other hand, the European Court of Justice has also given horizontal effect to fundamental liberties embodied in the Treaty on the Function of the European Union in a number of recent cases in a way that puts "established" boundaries between Member State and Union competences in question. This book takes issue with these developments by bringing to the fore a key issue that the horizontality effect debate has hitherto largely overlooked, namely, the question of sovereignty. It shows with detailed references to especially the American debate on state action and the German debate on Drittwirkung that horizontal effect cannot be understood consistently without coming to grips with the conceptions of state sovereignty that inform different approaches to horizontal effect.

The IT Revolution and its Impact on State, Constitutionalism and Public Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 150994088X
Total Pages : 325 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The IT Revolution and its Impact on State, Constitutionalism and Public Law by : Martin Belov

Download or read book The IT Revolution and its Impact on State, Constitutionalism and Public Law written by Martin Belov and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including: - What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?

The Charter of Fundamental Rights of the European Union and the Employment Relation

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922679
Total Pages : 707 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Charter of Fundamental Rights of the European Union and the Employment Relation by : Filip Dorssemont

Download or read book The Charter of Fundamental Rights of the European Union and the Employment Relation written by Filip Dorssemont and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).

The Horizontal Effect of Fundamental Rights in the European Union

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192574000
Total Pages : 390 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Horizontal Effect of Fundamental Rights in the European Union by : Eleni Frantziou

Download or read book The Horizontal Effect of Fundamental Rights in the European Union written by Eleni Frantziou and published by Oxford University Press. This book was released on 2019-01-31 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.

Personality and Data Protection Rights on the Internet

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Author :
Publisher : Springer Nature
ISBN 13 : 3030903311
Total Pages : 493 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Personality and Data Protection Rights on the Internet by : Marion Albers

Download or read book Personality and Data Protection Rights on the Internet written by Marion Albers and published by Springer Nature. This book was released on 2022-03-12 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.

The European Social Charter: A Commentary

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004434046
Total Pages : 519 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The European Social Charter: A Commentary by : The Academic Network on the European Social Charter and Social Rights

Download or read book The European Social Charter: A Commentary written by The Academic Network on the European Social Charter and Social Rights and published by Martinus Nijhoff Publishers. This book was released on 2022-06-08 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary will offer approx. 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 1 deals with Cross-Cutting Themes and is edited by Stefano Angeleri and Carole Nivard.

The EU Charter of Fundamental Rights in the Member States

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940928
Total Pages : 810 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The EU Charter of Fundamental Rights in the Member States by : Michal Bobek

Download or read book The EU Charter of Fundamental Rights in the Member States written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2020-12-24 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.

Social Rights Jurisprudence

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139473980
Total Pages : 705 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Social Rights Jurisprudence by : Malcolm Langford

Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2009-01-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.

De-Commemoration

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Publisher : Berghahn Books
ISBN 13 : 1805393804
Total Pages : 576 pages
Book Rating : 4.8/5 (53 download)

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Book Synopsis De-Commemoration by : Sarah Gensburger

Download or read book De-Commemoration written by Sarah Gensburger and published by Berghahn Books. This book was released on 2023-10-13 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of recent protests against police violence and racism, calls to dismantle problematic memorials have reverberated around the globe. This is not a new phenomenon, however, nor is it limited to the Western world. De-Commemoration focuses on the concept of de-commemoration as it relates to remembrance. Drawing on research from experts on memory dynamics across various disciplines, this extensive collection seeks to make sense of the current state of de-commemoration as it transforms contemporary societies around the world.

Varieties of European Economic Law and Regulation

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Publisher : Springer
ISBN 13 : 3319049038
Total Pages : 883 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Varieties of European Economic Law and Regulation by : Kai Purnhagen

Download or read book Varieties of European Economic Law and Regulation written by Kai Purnhagen and published by Springer. This book was released on 2014-07-16 with total page 883 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

International Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0198860110
Total Pages : 781 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis International Human Rights Law by : Daniel Moeckli

Download or read book International Human Rights Law written by Daniel Moeckli and published by Oxford University Press. This book was released on 2022-06 with total page 781 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making International Human Rights Law the ideal companion for students of human rights. Digital formats This fourth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

The Constitutional Dimension of Contract Law

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Author :
Publisher : Springer
ISBN 13 : 3319498436
Total Pages : 343 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Constitutional Dimension of Contract Law by : Luca Siliquini-Cinelli

Download or read book The Constitutional Dimension of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2017-04-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

Human Rights and the Private Sphere vol 1

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Author :
Publisher : Routledge
ISBN 13 : 1134099789
Total Pages : 567 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Human Rights and the Private Sphere vol 1 by : Jörg Fedtke

Download or read book Human Rights and the Private Sphere vol 1 written by Jörg Fedtke and published by Routledge. This book was released on 2007-08-07 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.

Eur. Zeitschrift Des Öffentl. Rechts

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Author :
Publisher :
ISBN 13 :
Total Pages : 1122 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Eur. Zeitschrift Des Öffentl. Rechts by :

Download or read book Eur. Zeitschrift Des Öffentl. Rechts written by and published by . This book was released on 1999 with total page 1122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights and the European Community

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Author :
Publisher :
ISBN 13 :
Total Pages : 680 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Human Rights and the European Community by : Andrew Clapham

Download or read book Human Rights and the European Community written by Andrew Clapham and published by . This book was released on 1991 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents.

L'européanisation du droit privé

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Publisher : Editions Universitaires Fribourg Suisse
ISBN 13 :
Total Pages : 566 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis L'européanisation du droit privé by : Franz Werro

Download or read book L'européanisation du droit privé written by Franz Werro and published by Editions Universitaires Fribourg Suisse. This book was released on 1998 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Privacy and Data Protection Issues of Biometric Applications

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9400775229
Total Pages : 988 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Privacy and Data Protection Issues of Biometric Applications by : Els J. Kindt

Download or read book Privacy and Data Protection Issues of Biometric Applications written by Els J. Kindt and published by Springer Science & Business Media. This book was released on 2013-12-05 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.